Slip and fall accidents are one of the most common injury sources on a given parcel of land, be it public or private property. They can occur really anywhere: in stores, restaurants, apartment buildings, or parking lots. Many such accidents occur when the property owners have neglected to maintain evaluations for safe conditions.
This article seeks to understand the participating role of property owners in slip and fall accidents, which may lead to the determination of liability and to the question of whether a valid legal claim arises.
The Legal Duty of Property Owners
Under premises liability law, property owners (and, at times, tenants or managers) have the duty of care to ensure that their property is reasonably safe for visitors. This obligation extends to all types of settings, including retail stores, offices, rental homes, and public walkways.
Arguably, the extent of responsibility is determined according to the visitor’s legal status:
- Invitees (customers or tenants) are entitled to full protection. Inspections of the property should be made frequently, defects discovered and eliminated, and all existing dangers made known.
- Licensees (like social guests), on the other hand, should be told of existing dangers.
- Trespassers have a limited duty of protection, but even so, owners should not intentionally create traps or inflict harm.
Failure to comply with these duties renders an owner legally liable if injury occurs.
Identifying Negligence
A property owner may be described as negligent if he or she did any one of the following:
- Failed to inspect or maintain the premises.
- Ignored known hazards like spills, broken flooring, or poor lighting.
- Failed to provide warning signs where a risk was temporary (i.e., wet floors).
- Broke safety codes or failed to keep commonly accepted standards of maintenance.
For example, a store may hold liability to a customer who slipped and fell if an employee knew about a spill and did not remove it promptly.
Sharing Responsibility
There are cases in which more than one party would share blame for a slip and fall accident. A property management company may be blamed for not maintaining the property, while a snow removal contractor may also take part of the blame for failing to clear the ice. Determining respective levels of responsibility requires thorough investigation and consideration of evidence.
Bottom Line!
They lay the cornerstone in the prevention of slip and fall accidents, with property owners found wanting in situations of safety concern over the activities of maintenance and repair of hazardous conditions. Innocent parties may undergo life-altering injuries. If you are injured in unsafe conditions, a right to fair compensation for the painful damages, losses, and suffering shall be solely yours to exercise against negligent owners.
This article was written by Alla Tenina. Alla is one of the best tax attorneys in Los Angeles California, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. Visit www.teninalaw.com for more information. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.
